The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant did not insult the victim as stated in the judgment of the court below, and even if not, the passengers of the bus driven by the Defendant at the time of the Defendant’s speech were all on the bus, and thus, there is no performance in the Defendant’s speech near the taxi operated by the victim.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous.

2. Determination

A. In light of the content of the first instance judgment and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of the statement made by a witness of the first instance is clearly erroneous, or the first instance court’s determination on the credibility of the statement made by the witness of the first instance is clearly unreasonable considering the result of the first instance court’s examination and the result of additional evidence examination conducted until the closing of argument in the appellate court, except in exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance is remarkably unfair, the appellate court, just because the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s determination, does not reverse the first instance judgment without permission (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2007Do2020, May 11, 2007; 2009Do1409, Feb. 25, 2010).

In light of the above legal principles, a thorough examination of the evidence duly adopted and examined by the court below, and the following circumstances acknowledged in accordance with the above evidence, i.e., the victim’s insulting facts in investigative agencies and the court of the court below.